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State v. Feffer

Supreme Court of New Jersey
Dec 16, 1963
196 A.2d 238 (N.J. 1963)

Opinion

Argued October 22, 1963 —

Decided December 16, 1963.

Appeal from the Superior Court, Appellate Division.

Mr. Archibald Kreiger, Assistant Prosecutor, argued the cause for plaintiff-appellant ( Mr. John G. Thevos, Passaic County Prosecutor, attorney).

Mr. Roger H. McGlynn argued the cause for defendant-respondent ( Mr. Lawrence Diamond, attorney; Mr. Roger H. McGlynn, of counsel and on the brief).


Defendant, a newsstand dealer, having waived trial by jury, was convicted of sale of obscene magazines to persons under the age of 18 years contrary to N.J.S. 2A:115-3.2. He appealed primarily on the ground that the magazines in question were not obscene. The Appellate Division, after examining the magazines, upheld defendant's contention and reversed the conviction. The matter is before this court on certification granted on the State's application. State v. Feffer, 40 N.J. 505 (1963).

We have examined the magazines in question, and in applying the test set forth today in State v. Hudson County News Co., 41 N.J. 247 (1963), we agree with the conclusion reached by the Appellate Division. Its judgment is affirmed.

For affirmance — Justices JACOBS, FRANCIS, PROCTOR, HALL, SCHETTINO and HANEMAN — 6.

For reversal — None.


Summaries of

State v. Feffer

Supreme Court of New Jersey
Dec 16, 1963
196 A.2d 238 (N.J. 1963)
Case details for

State v. Feffer

Case Details

Full title:THE STATE OF NEW JERSEY, PLAINTIFF-APPELLANT, v. IRVING FEFFER…

Court:Supreme Court of New Jersey

Date published: Dec 16, 1963

Citations

196 A.2d 238 (N.J. 1963)
196 A.2d 238

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